Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1441)

SRG INDUSTRIES PTY LTD T/AS SUPREME PRECAST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING & SEALING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MAY 2025

Application for approval of the SRG INDUSTRIES PTY LTD T/As SUPREME PRECAST and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027

1] An application has been made for approval of an enterprise agreement known as the SRG INDUSTRIES PTY LTD T/As SUPREME PRECAST and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027 (The Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 March 2025 and the Agreement was made on 30 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFME) and SRG Industries Pty Ltd, trading as Supreme Precast. The dispute pertains to the approval of the Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027, as submitted by the CFMEU on behalf of its members employed by Supreme Precast. The application was made to the Fair Work Commission, which is the relevant industrial relations tribunal in Australia.

The legal issues before the court centred on whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was made in good faith and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. The CFMEU argued that the agreement was fair and reasonable, while SRG Industries raised concerns about certain terms and conditions, particularly those related to pay rates and work arrangements.

In examining the agreement, the Commission considered the principles of good faith bargaining and the need for the agreement to provide for a fair and efficient workplace. The Commission found that the agreement had been made in good faith and that it complied with the relevant statutory provisions. The terms and conditions were deemed to be fair and reasonable, taking into account the specific circumstances of the industry and the needs of both parties. The Commission approved the agreement, noting that it provided a balanced outcome that met the needs of both the employees and the employer.

The final orders of the Commission were that the Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027 be approved as made between SRG Industries Pty Ltd and the CFMEU. The agreement was to be registered and would come into effect on the date of the Commission's decision. The approval of the agreement ensures that the terms and conditions set out in the document will govern the employment of the relevant workers for the duration of the agreement.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established